II 

114TH CONGRESS 

1ST SESSION S. 1006 

To incentivize early adoption of positive train control, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2015 

Mrs. FEINSTEIN (for herself, Mrs. BOXER, Mr. BLUMENTHAL, Mr. SCHUMER, 

and Mrs. GILLIBRAND) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To incentivize early adoption of positive train control, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Positive Train Control Safety Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Implementation deadline. 

Sec. 3. Transparency. 

Sec. 4. Positive train control on high-hazard flammable trains. 

Sec. 5. Coordination of spectrum. 

Sec. 6. Confidential close call reporting systems. 


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Sec. 7. Commuter rail track inspections. 

Sec. 8. Positive train control at grade crossings effectiveness study. 

Sec. 9. Redundant signal protection. 

1 SEC. 2. IMPLEMENTATION DEADLINE. 

2 Section 20157 of title 49, United States Code, is 

3 amended— 

4 (1) by redesignating subsections (h) and (i) as 

5 subsections (i) and (j), respectively; and 

6 (2) by inserting after subsection (g) the fol7 lowing: 

8 ‘‘(h) EXTENSION.— 

9 ‘‘(1) IN GENERAL.—After transmitting the re10 port under subsection (d), the Secretary may extend 

11 the implementation deadline, in 1-year increments, 

12 upon application, if the Secretary— 

13 ‘‘(A) determines that— 

14 ‘‘(i) full implementation will likely be 

15 infeasible due to circumstances beyond the 

16 control of the applicant, including funding 

17 availability, spectrum acquisition, resource 

18 and technology availability, and interoper19 ability standards; 

20 ‘‘(ii) the applicant has demonstrated 

21 good faith in its positive train control im22 plementation; and 

23 ‘‘(iii) the applicant has presented a re24 vised positive train control implementation 


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1 plan indicating how it will fully implement 

2 positive train control as soon as feasible, 

3 and not later than December 31, 2018; 

4 and 

5 ‘‘(B) has taken into consideration— 

6 ‘‘(i) whether the affected areas of 

7 track have been identified as areas of 

8 greater risk to the public and railroad em9 ployees in the applicant’s positive train 

10 control implementation plan under section 

11 236.1011(a)(4) of title 49, Code of Federal 

12 Regulations; and 

13 ‘‘(ii) the risk of operational failure to 

14 the affected service areas and the appli15 cant. 

16 ‘‘(2) APPLICATION REVIEW.—Not later than 

17 120 days after the Secretary receives an application 

18 under paragraph (1), the Secretary review and ap19 prove or disapprove the application. 

20 ‘‘(3) MAXIMUM EXTENSION.—The Secretary 

21 may extend the implementation deadline for an ap22 plicant whose application is under review, but may 

23 not extend the implementation deadline beyond June 

24 30, 2016.’’. 


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1 SEC. 3. TRANSPARENCY. 

2 Section 20157(a) of title 49, United States Code, as 

3 amended by section 2, is further amended by adding at 

4 the end the following: 

5 ‘‘(3) PROGRESS REPORTS.— 

6 ‘‘(A) IN GENERAL.—Beginning 6 months 

7 after the date of the enactment of the Positive 

8 Train Control Safety Act, and annually there9 after until its positive train control system is 

10 certified by the Secretary under subsection (h), 

11 each Class I railroad carrier, and each entity 

12 providing regularly scheduled intercity or com13 muter rail passenger transportation, required to 

14 submit a plan under paragraph (1) shall submit 

15 a progress report to the Secretary on the status 

16 of the plan. 

17 ‘‘(B) CONTENTS.—Each progress report 

18 submitted under subparagraph (A) shall in19 clude— 

20 ‘‘(i) a section describing— 

21 ‘‘(I) the total number of positive 

22 train control components required; 

23 ‘‘(II) the number of such compo24 nents that have been installed, 

25 equipped, or deployed; 


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1 ‘‘(III) the number of components 

2 that remain to be installed, equipped, 

3 or deployed; and 

4 ‘‘(IV) an estimated completion 

5 date for full positive train control sys6 tem completion; 

7 ‘‘(ii) a section summarizing— 

8 ‘‘(I) the number of employees re9 quiring training under section 

10 236.1041 of title 49, Code of Federal 

11 Regulations; and 

12 ‘‘(II) the status of such training 

13 activities; and 

14 ‘‘(iii) a section summarizing the re15 maining challenges to full positive train 

16 control system implementation, including— 

17 ‘‘(I) testing issues; 

18 ‘‘(II) interoperability challenges; 

19 and 

20 ‘‘(III) certification challenges. 

21 ‘‘(C) DEFINED TERM.—In this paragraph, 

22 the term ‘component’ means a locomotive appa23 ratus, a wayside interface unit, switches in non24 signal positive train control territory, a base 


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1 station radio, a wayside radio, or a locomotive 

2 radio. 

3 ‘‘(D) PUBLIC AVAILABILITY.—Not later 

4 than 30 days after receiving a progress report 

5 under this paragraph, the Secretary shall make 

6 the report available on the website of the Fed7 eral Railroad Administration.’’. 

8 SEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAM9 MABLE TRAINS. 

10 Section 20157(a)(1) of title 49, United States Code, 

11 as amended by this Act, is further amended— 

12 (1) by striking ‘‘Not later than 18 months after 

13 the date of enactment of the Rail Safety Improve14 ment Act of 2008, each’’ and inserting ‘‘Each’’; 

15 (2) in subparagraph (B)— 

16 (A) by striking ‘‘parts’’ and inserting ‘‘sec17 tions’’; and 

18 (B) by striking ‘‘transported; and’’ and in19 serting ‘‘transported on or after December 31, 

20 2015;’’; 

21 (3) by redesignating subparagraph (C) as sub22 paragraph (D); and 

23 (4) by inserting after subparagraph (B), the 

24 following: 


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1 ‘‘(C) its main line over which 20 or more 

2 tank cars loaded with petroleum crude oil, eth3 anol, or other Class 3 material (as described in 

4 section 172.101 of title 49, Code of Federal 

5 Regulations) are transported; and’’. 

6 SEC. 5. COORDINATION OF SPECTRUM. 

7 (a) COORDINATION OF SPECTRUM.—Subchapter II of 

8 chapter 201 of title 49, United States Code, is amended 

9 by adding at the end the following: 

10 ‘‘§ 20168. Electromagnetic spectrum 

11 ‘‘Not later than 120 days after the date of the enact12 ment of the Positive Train Control Safety Act, the Sec13 retary of Transportation, in coordination with the Chair14 man of the Federal Communications Commission, shall 

15 assess spectrum needs and availability for implementing 

16 positive train control systems (as defined in section 

17 20157(j)). In carrying out this section, the Secretary and 

18 the Chairman may consult with external stakeholders.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 201 of title 49, United States Code, is amend21 ed by inserting after the item relating to section 20167 

22 the following: 

‘‘20168. Electromagnetic spectrum.’’. 


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1 SEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. 

2 (a) IN GENERAL.—Subchapter II of chapter 201 of 

3 title 49, United States Code, as amended by section 6(a), 

4 is further amended by adding at the end the following: 

5 ‘‘§ 20169. Confidential close call reporting systems 

6 ‘‘(a) RULEMAKING.—Not later than 1 year after the 

7 date of the enactment of the Positive Train Control Safety 

8 Act, the Secretary shall promulgate regulations setting 

9 forth the requirements that an applicable railroad carrier 

10 shall follow in establishing a confidential close call report11 ing system program. The Secretary may use any informa12 tion and experience gathered through research and pilot 

13 programs on confidential close call reporting systems in 

14 developing regulations under this subsection, including 

15 continuing the use of third parties for the collection of 

16 close call reports and distribution of close call data. The 

17 Secretary shall ensure that an applicable railroad carrier’s 

18 employees receive protection under its program from any 

19 related Federal Railroad Administration enforcement ac20 tions. 

21 ‘‘(b) PROGRAM DEVELOPMENT AND OVERSIGHT.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date on which final regulations are promul24 gated under subsection (a), an applicable railroad 

25 carrier shall develop and submit a proposed conVerDate Sep 11 2014 05:11 Apr 24, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006

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1 fidential close call reporting system program to the 

2 Secretary for review and approval. 

3 ‘‘(2) CONTENTS.—The proposal submitted by a 

4 railroad carrier under paragraph (1) shall— 

5 ‘‘(A) a describe the core principles and val6 ues of its proposed program; 

7 ‘‘(B) explain the rights, roles, and respon8 sibilities of program stakeholders; 

9 ‘‘(C) identify concerns and interests; and 

10 ‘‘(D) describe how the program will oper11 ate. 

12 ‘‘(3) REVIEW.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 review and approve or disapprove each proposed 

15 program within a reasonable amount of time. If 

16 a proposed program is not approved, the Sec17 retary shall notify the applicable railroad car18 rier in writing of the specific areas in which the 

19 proposed program is deficient. The applicable 

20 railroad carrier shall correct all deficiencies 

21 within a reasonable period of time following re22 ceipt of written notice from the Secretary. 

23 ‘‘(B) UPDATES.—An applicable railroad 

24 carrier shall update its program as needed and 


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1 obtain the Secretary’s approval prior to making 

2 any major changes to its program. 

3 ‘‘(C) ANNUAL REVIEWS.—The Secretary 

4 shall conduct an annual review to ensure that 

5 each applicable railroad carrier is in compliance 

6 with its approved program. 

7 ‘‘(c) IN GENERAL.—Not later than 2 years after the 

8 date of the enactment of the Positive Train Control Safety 

9 Act, each applicable railroad carrier shall establish a con10 fidential close call reporting system. 

11 ‘‘(d) PROGRAM ELEMENTS.—Each applicable rail12 road carrier shall— 

13 ‘‘(1) provide a safe environment for its employ14 ees to report unsafe events and conditions; 

15 ‘‘(2) for unsafe events and conditions reported 

16 within the scope of a confidential close call reporting 

17 system, ensure that its employees are protected from 

18 railroad carrier discipline; 

19 ‘‘(3) use information collected through the con20 fidential close call reporting system to develop and 

21 implement targeted corrective actions, as appro22 priate; and 

23 ‘‘(4) use information collected by the system to 

24 supplement inspection data in identifying safety 


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1 issues and emerging risks before they develop into 

2 accidents. 

3 ‘‘(e) CONSENSUS.— 

4 ‘‘(1) IN GENERAL.—Each applicable railroad 

5 carrier shall consult with, employ good faith with, 

6 and use its best efforts to reach agreement with all 

7 of its directly affected employees, including any non8 profit employee labor organization representing a 

9 class or craft of directly affected employees of the 

10 applicable railroad carrier, on the development and 

11 implementation of the proposed program. 

12 ‘‘(2) STATEMENTS.—If an applicable railroad 

13 carrier and its directly affected employees, including 

14 any nonprofit employee labor organization rep15 resenting a class or craft of directly affected employ16 ees of the applicable railroad carrier, cannot reach 

17 consensus on the development and implementation of 

18 the proposed program, then directly affected employ19 ees and such organization may file a statement with 

20 the Secretary explaining their views on the proposed 

21 program on which consensus was not reached. The 

22 Secretary shall consider such views during review of 

23 the proposed program under subsection (b)(3)(A). 

24 ‘‘(f) VOLUNTARY PROGRAM ESTABLISHMENT.—Any 

25 railroad carrier that is not an applicable railroad carrier 


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1 may voluntarily establish a program under this section. 

2 This section, and any regulations promulgated under this 

3 section, shall apply to a program that is voluntarily estab4 lished. 

5 ‘‘(g) USE OF DATA.—The Secretary may use the con6 fidential close call reporting data when— 

7 ‘‘(1) implementing or updating the Federal 

8 Railroad Administration’s National Inspection Plan; 

9 ‘‘(2) performing focused inspections; or 

10 ‘‘(3) developing agency rulemakings and guid11 ance, as appropriate. 

12 ‘‘(h) DEFINED TERM.—In this section, the term ‘ap13 plicable railroad carrier’ means a railroad carrier that— 

14 ‘‘(1) is a Class I railroad; 

15 ‘‘(2) has inadequate safety performance, as de16 termined by the Secretary; or 

17 ‘‘(3) provides intercity rail passenger or com18 muter rail passenger transportation. 

19 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary such 

21 sums as may be necessary— 

22 ‘‘(1) to implement this section; and 

23 ‘‘(2) to support the nationwide implementation 

24 of confidential close call reporting system programs, 

25 as the Secretary determines appropriate.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 201 of title 49, United States Code, as amend3 ed by section 7(b), is further amended by adding at the 

4 end the following: 

‘‘20169. Confidential close call reporting systems.’’. 

5 SEC. 7. COMMUTER RAIL TRACK INSPECTIONS. 

6 (a) IN GENERAL.—Subchapter II of chapter 201 of 

7 title 49, United States Code, as amended by sections 6 

8 and 7, is further amended by adding at the end the fol9 lowing: 

10 ‘‘§ 20170. Commuter rail track inspections 

11 ‘‘(a) IN GENERAL.—When performing a required in12 spection under subpart F of part 213 of title 49, Code 

13 of Federal Regulations, a railroad carrier providing com14 muter rail passenger transportation on high density com15 muter railroad lines (as described in section 213.233(b)(3) 

16 of title 49, Code of Federal Regulations) shall— 

17 ‘‘(1) at least once each 2 weeks— 

18 ‘‘(A) traverse each main line by vehicle; or 

19 ‘‘(B) inspect each main line on foot; and 

20 ‘‘(2) at least once each month, traverse and in21 spect each siding by vehicle or by foot. 

22 ‘‘(b) CONSTRUCTION.—Nothing in this section may 

23 be construed to limit the authority of the Secretary to pro24 mulgate regulations or issue orders under any other law.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 201 of title 49, United States Code, as amend3 ed by sections 6 and 7, is further amended by adding at 

4 the end the following: 

‘‘20170. Commuter rail track inspections.’’. 

5 SEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS 

6 EFFECTIVENESS STUDY. 

7 (a) IN GENERAL.—The Secretary of Transportation, 

8 in consultation with the Administrator of the Federal Rail9 road Administration, shall conduct a study of the effective10 ness of positive train control and related technologies on 

11 reducing collisions at highway-rail grade crossings. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to conduct the study described in subsection (a). 

15 SEC. 9. REDUNDANT SIGNAL PROTECTION. 

16 Not later than 1 year after the date of the enactment 

17 of the Positive Train Control Safety Act, the Secretary 

18 of Transportation shall promulgate such regulations as the 

19 Secretary considers necessary to require that on-track 

20 safety programs, as described in subpart C of part 214 

21 of title 49, Code of Federal Regulations, whenever prac22 ticable and consistent with other safety requirements and 

23 operational considerations, include requiring implementa24 tion of redundant signal protection, such as shunting, for 


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1 maintenance-of-way work crews who depend on a train 

2 dispatcher to provide signal protection. 

Æ 


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